5 days agoBare Minimum Level of Scrutiny Applied to Federal Rule Requiring Publication of Hospital Price SheetA recent decision out of the United States District Court of the District of Columbia upheld a new federal rule requiring hospitals in...
May 26OCR Issues Guidance Regarding Media Coverage of Health Care Facilities Treating COVID-19Recently, the Office for Civil Rights (OCR) issued additional guidance reminding covered health care providers that the HIPAA Privacy...
May 20Governor Cuomo Rolls Back Health Care Provider ProtectionsOn May 7, 2020, Governor Cuomo issued Executive Order 202.28 and rolled back many of the protections afforded to health care providers...
May 11Health Care Overpayment Issues: Preparing for a Return to NormalOn March 4, 2020, the Centers for Medicare & Medicaid Services (“CMS”) announced it would direct all state survey agencies to focus on...
Apr 6Overview of the CARES ActOn March 27, 2020, President Donald J. Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The...
Apr 6COVID-19 and HIPAADuring this COVID-19 pandemic, the Office for Civil Rights (“OCR”) has issued guidance for health care providers and patients/residents...
Mar 30Elective Surgeries During the Coronavirus PandemicDuring his daily briefing on March 25, 2020, New York Governor Andrew M. Cuomo confirmed that there are a total of 30,811 cases of...
Mar 26Qualified Immunity Granted to Medical Personnel During COVID-19 OutbreakIt is well-established law that when a person acts, he or she must do so without negligence – without breaching a duty he or she owes to...
Mar 26COVID-19 and Telehealth UpdatesNew York State, the Federal government, and State and Federal departments and agencies have issued several orders and declarations over...
Mar 25Dentistry in the Age of CoronavirusAs we learn more about the transmission vector for coronavirus, many medical professionals are concluding that the virus is likely spread...
Mar 24Hospital Visitations in the Face of the COVID-19 PandemicIn the face of the COVID-19 (“Coronavirus”) pandemic, nursing homes and in-patient hospice facilities have been faced with a new...
Mar 24Telehealth and HIPAA during the COVID-19 Nationwide Public Health EmergencyThe Department of Health and Human Services’ Office for Civil Rights (“OCR”) publicized a Notification of Enforcement Discretion...
Mar 11Subpoena Compliance for Medical Providers: New Case Lessens RequirementsAt the end of 2019, the New York State Court of Appeals provided some clarification on how medical providers should respond to subpoenas ...
Jan 17HIPAA Compliance: Is Your Organization Prepared for Its Next Data BreachIt is more likely than not that your organization will eventually experience a data breach. The question is whether your organization...
Sep 26, 2019The New York Shield Act: Businesses Face New Data Security Compliance DeadlinesLarge, high profile data breaches involving consumer information have been part of the news cycle for a decade and more.
Jan 29, 2019 NYSBA Health Law Section Annual Meeting ReportThis year, our attorneys once again attended the annual meeting of the NYSBA Health Law Section in New York City.
Feb 27, 2018Five Breaches, Affecting 521 Individuals, Result in $3.5 Million HIPAA Fine In 2013, Fresenius reported five separate breaches which occurred in between February 2012 and June 2012.
Sep 27, 2017No Charge for Medical Records for Government BenefitsIn September, 2017, New York Governor Cuomo signed into law new legislation, Chapter 322 of the Laws of 2017.
Sep 14, 2017Plaintiffs Continue to Assail the Confidentiality of Nursing Home Quality Assurance RecordsA recent decision highlights the ongoing efforts of plaintiffs’ attorneys in New York to obtain nursing homes’ confidential records.